Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZALO v Minister for Immigration and Border Protection [2016] FCA 1339 Appeal from: MZALO v Minister for Immigration and Border Protection [2016] FCCA 1071
File number(s): VID 592 of 2016
Judge(s): MORTIMER J
Date of judgment: 11 November 2016
Catchwords: MIGRATION – appeal from Federal Circuit Court – whether the Tribunal decision was affected by jurisdictional error – where the appellant did not attend the Tribunal hearing – whether the Tribunal's decision to proceed to determine the appellant's application in the appellant's absence was legally unreasonable – where there was no pattern of contact between the appellant and the Tribunal – where the appellant had experienced domestic violence in Australia
Legislation: Migration Act 1958 (Cth) ss 425, 425A(4), 426A Federal Court of Australia Act 1976 (Cth) ss 25(2B)(ba), 25(2B)(bb) Federal Court Rules 2011 (Cth) r 36.75
Cases cited: Kaur v Minister for Immigration and Border Protection [2014] FCA 915; 236 FCR 393 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 MZALO v Minister for Immigration and Border Protection [2016] FCCA 1071
Date of hearing: 10 November 2016
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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